Judiciary

Since legal reforms instituted in 1926, Turkey's judicial system has
been based on the Swiss Civil Code, the Italian Penal Code, and the
Neuchâtel (Swiss) Code of Civil Procedure. The 1982 constitution
guarantees judicial independence and prohibits any government agency or
individual from interfering with the operations of the courts and
judges. Members of the National Assembly also are not allowed to discuss
or make statements concerning pending court cases. Although trials
normally are held in open court, the constitution provides that they can
be closed "for reasons of public morality or public security."

Headed by the minister of justice, the High Council of Judges and
Public Prosecutors is the principal body charged with responsibility for
ensuring judicial integrity. This council acts on matters pertaining to
the careers of judges, including appointments, promotions, transfers,
and supervision. The high council is empowered to remove judges and
abolish courts and the offices of judges and public prosecutors.
However, judges themselves are protected against arbitrary removal from
office by a constitutional provision stipulating that they cannot be
dismissed without due cause or retired involuntarily before age
sixty-five.

In early 1995, Turkey's legal system consisted of three types of
courts: judicial, military, and administrative. Each system includes
courts of first instance and appellate courts. In addition, a Court of
Jurisdictional Disputes rules on cases that cannot be classified readily
as falling within the purview of one court system.

The judicial courts form the largest part of the system; they handle
most civil and criminal cases involving ordinary citizens. The two
supreme courts within the judicial system are the Constitutional Court
and the Court of Appeals.

The Constitutional Court reviews the constitutionality of laws and
decrees at the request of the president or of one-fifth of the members
of the National Assembly. Its decisions on the constitutionality of
legislation and government decrees are final. The eleven members of the
Constitutional Court are appointed by the president from among
candidates nominated by lower courts and the High Council of Judges and
Public Prosecutors. Challenges to the constitutionality of a law must be
made within sixty days of its promulgation. Decisions of the
Constitutional Court require the votes of an absolute majority of all
its members, with the exception of decisions to annul a constitutional
amendment, which require a two-thirds majority.

The Court of Appeals (also known as the Court of Cassation) is the
court of last instance for review of decisions and verdicts of
lower-level judicial courts, both civil and criminal. Its members are
elected by secret ballot by senior judges and public prosecutors. Below
the Court of Appeals are the ordinary civil and criminal courts. At the
lowest level of the judicial system are justices of the peace, who have
jurisdiction over minor civil complaints and offenses. Single-judge
criminal courts have jurisdiction over misdemeanors and petty crimes,
with penalties ranging from small fines to brief prison sentences. Every
organized municipality (a community having a minimum population of
2,000) has at least one single-judge court, with the actual number of
courts varying according to the total population. Three-judge courts of
first instance have jurisdiction over major civil suits and serious
crimes. Either of the parties in civil cases and defendants convicted in
criminal cases can request that the Court of Appeals review the
lower-court decision. The Turkish courts have no jury system; judges
render decisions after establishing the facts in each case based on
evidence presented by lawyers and prosecutors.

The administrative court system consists of the Council of State, an
appellate court, and various administrative courts of first instance.
The Council of State reviews decisions of the lower administrative
courts, considers original administrative disputes, and, if requested,
gives its opinion on draft legislation submitted by the prime minister
and the Council of Ministers. The president appoints 25 percent of the
Council of State's judges. The other 75 percent are appointed by the
High Council of Judges and Public Prosecutors.

The military court system exercises jurisdiction over all military
personnel. In areas under martial law, the military also has
jurisdiction over all civilians accused of terrorism or "crimes
against the state." The military court system consists of military
and security courts of first instance, a Supreme Military Administrative
Court, an appellate State Security Court, and the Military Court of
Appeals, which reviews decisions and verdicts of the military courts.
The decisions of the Military Court of Appeals are final.